Dismissed¶25

Mithlesh Kumari v. H.C.Sharma

Punjab & Haryana HC16 May 2025CR/2288/2002

Case brief

AI extract

What is this about?

Dismissal in default / non-prosecution. Keywords: revision petition dismissed in default; no representation; counsel without instructions; liberty to revive within three months; adjourned sine die 24.07.2003; connected case CR-1474-1988 decided 04.07.2007; eviction order set aside; remand to Rent Controller; petitioner's counsel Mehar Singh deceased; Punjab and Haryana High Court, Chandigarh; Justice Alok Jain; decided 16.05.2025; CR-2288-2002 (O&M).

What did the court decide?

Liberty to the petitioner to seek revival of the dismissed petition within three months, if any cause of action survives. ¶25

Mithlesh Kumari Vs H.C.Sharma — Punjab & Haryana HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

201 CR-2288-2002 (O&M) Date of Decision:- 16.05.2025

MITHLES H KUMARI

……Petitione r

Versus

H.C.SHAR M A

……Responden t

CORAM: HON’BLE MR. JUSTICE ALOK JAIN

¶9

¶10

Present: None for the petitioner.

¶11

Mr. Duni Chand, Advocate for Mr. Ashish Gupta, Advocate f o r the respondent.

¶12

¶13

ALOK JAIN, J. (Oral)

¶14

Vide order dated 03.05.2025, t he following order was passed.

¶15

“ The present revision p etition was adjourned sine di e vide order dated 24.07.2003 a n d was directed to be listed afte r the decision of CR-1474-198 8 , which has been disposed o f vide order dated 04.07.2007 p assed by this Court by settin g aside the eviction order and r emanding the case back to th e Rent Controller.

¶16

Vide order dated 17.1 1 .2022, learned counsel for th e respondent sought time to as c ertain the latest position in th e matter. Thereafter, vide orde r dated 30.01.2023, since ther e was no representation on beh a lf of the petitioner, the Registr y was directed to inform learne d counsel for the petitioner abou t the date fixed.

¶17

As per the office report, counsel for the petitioner, Mr. Mehar Singh, Advocate, has s i nce left for His heavenly abod e and it was informed that the p arties have retrieved the brie f from the office.

¶18

Adjourned to 16.05.202 5 .

¶19

MANJU 2025.05.20 10:47 I attest to the accuracy and integrity of this document

¶20

CR-2288-2 0 02 (O&M) -2-

¶21

A fresh notice shall be issued to the petitioner for th e date fixed, using the addre s s mentioned in the memo o f parties .”

¶22

As per office report , the petiti o ner has been served. However ,

¶23

despite this , there is no representation on her behalf.

¶24

Learned counsel for the resp o ndent submits that he has n o instructions.

¶25

In light of the above, since the r e is no representation on behal f of the petitioner and the counsel for the respondent has no instructions, th e present peti t ion is dismissed in default, wit h liberty to the petitioner to see k its revival w ithin three months from today, i f any cause of action survives.

¶26

Pending application(s), if any, s tands disposed of.

¶27

May 16, 2025 manju

¶28

(ALOK JAIN) JUDGE

¶29

Whether speaking/reasoned:Yes/N o Whether Reportable:Yes/N o

¶30

MANJU 2025.05.20 10:47 I attest to the accuracy and integrity of this document

Mithlesh Kumari v. H.C.Sharma

Case brief

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Mithlesh Kumari v. H.C.Sharma

Case brief

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